Last updated: October 10th 2022
We like to keep it simple! Here are the main points of our Terms and Conditions:
Artivive GmbH (referred to as “Artivive”, “we”, “our”, “ours”, “us”), is an Austrian startup founded in 2017, aiming to change how art is created and consumed. Artivive is the leading platform for augmented reality art, where artists can create new dimensions of art by enhancing physical artworks with a digital layer. Our vision is to bridge the gap between classical and digital art, and to provide museums and galleries with the infrastructure to deliver an immersive experience for their visitors.
Artivive refers to our proprietary products, software and services that together represent our technology service offering currently marketed under the name “Artivive”. Consisting of various components:
As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates.
By making use of, accessing, or registering with any of our services, you agree to be bound by these Terms. The Terms are triggered immediately in any of those instances.
Users must be at least 16 years old, the legal age to form a binding contract, and not be a person barred from receiving products or services under the laws of any applicable jurisdiction. The minimum age requirement applies to all account types, with the exception of registered Educational Institutions.
Our rights include:
If you are of legal age, and wanting to use our services such as use or access our website or Bridge CMS, you may be required to register for an account with Artivive. The registering of an account requires that you provide us with certain personal information and establish a username and password. By registering, you agree to provide accurate, current and complete information when creating your account. We may terminate your account should we decide that the information you provide is inaccurate, incorrect or any other reason within our discretion to decide. As a user, you are responsible for safeguarding your account information and information you use for any activities or actions under your account — whether or not you have authorised such activities or actions. We will not be held liable for any damages that may arise due to a third party accessing or using your account and/or obtaining access to any information provided by you in connection with your account, or for any other loss or damage arising from your failure to comply with these requirements. Following registration, an activation email will be sent to you.
Self-service Account Upgrades:
Payment and billing
The Terms set out in this section ensure that Artivive may only be used for lawful purposes and you agree to adhere to all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of Artivive.
You agree that you will not do any of the following while being registered with, using or accessing Artivive:
Regarding content, you (the user) shall not:
(i) Upload, post or otherwise transmit:
(ii) Publish falsehoods, or misinterpretations that could damage us, our business, any of our affiliates, partners, end users, or any third party;
(iii) Submit material (including choosing a username) that is unlawful, obscene, defamatory, libellous, threatening, harassing, hateful, racially, ethnically or otherwise offensive, or encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate; or
(iv) Impersonate another person or entity.
We reserve the right to investigate and prosecute violations, as we see fit, of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. You acknowledge that we have full right and authority, but no obligation, to monitor your access to or use of Artivive, for operation and maintenance, to ensure your compliance with these Terms, to comply with applicable law, rule, regulation, or administrative or judicial order, or for any other legitimate purpose.
You agree to defend, indemnify, and hold us (including our affiliated companies, officers, directors, employees, agents, successors and assigns), wholly and completely harmless from and against any claims, liabilities, damages, losses, and expenses (including attorneys’ fees), arising out of or in any way connected to your access or use of Artivive or your violation of these Terms. You agree that we may place or may authorize third parties to place advertising, marketing and promotional materials within Artivive, in connection with the delivery and/or display of content to end users or otherwise. We expressly disclaim any and all liability in connection with, and you agree to indemnify and hold us harmless from and against any claim, liability, obligation, damages, or fees (including reasonable attorneys’ fees) resulting from any content supplied by you.
We have absolute discretion to determine whether your content is appropriate for use in our App/s and/or dashboard and any user guidelines published by us. We may remove any content and/or terminate your access for uploading objectionable content, without prior notice and at our sole discretion. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing or others making available content or other materials that are believed to violate these Terms. Although we might from time to time, we are under no obligation to prescreen artwork, and you acknowledge the possibility of seeing something you may potentially consider offensive. We also retain the right to delete content that goes against Artivive’s art branding principles; meaning explicitly, purely commercial content aimed at acting as an advertising campaign without any artistic input, and are able to block the respective user with no prior notice.
As a user, you have the right to terminate your account at any point in time. This can be done by deleting your account in the “profile” section. We also reserve the right to terminate users’ accounts at any point in time. Reasons for termination include, but are not limited to:
Termination or suspension can happen when we see fit and no prior notice to the user is needed.
All content uploaded to Artivive is royalty free/licence free and falls under the fair use policy and non-commercial agreements, which extend worldwide. The copyright remains with the original owner.
We may terminate your access to and use of Artivive and/or remove any content if we have reason to believe your actions in using Artivive, including any content uploaded by you, infringes the copyright, trademark, or other intellectual property rights of any third party. If you believe that works for which you hold intellectual property rights have been copied, uploaded to, or made available by reason of Artivive in a way that constitutes infringement, please notify our Customer Service Department immediately, and provide us with the following:
You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our website, Bridge CMS or Marketplace, or any content not provided by you. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding our website, Bridge CMS or Marketplace shall be our sole and exclusive property, and you hereby irrevocably assign to us all of your rights, titles and interest in and to all feedback. The user confirms that they own the intellectual property rights for all the content uploaded, or has to secure the intellectual property owner’s written confirmation prior to uploading the content.
We will not be liable for any third party content links. It may be the case that links are displayed to third party websites, resources, products, offerings and services not housed within Artivive and/or managed or controlled by us. We assume no responsibility for any third party content, and you are solely responsible for, and assume all risk arising from your use, access, or reliance on any third party content.
This includes specifically, and without limitation:
The existence of any third party content should not be interpreted as, and does not constitute an endorsement by us of that party, its publisher, or anything related thereto.
Our website, Bridge CMS and Marketplace are provided “as available” and “as is”. You are using these at your own risk and we do not warrant that any portion of our website, Bridge CMS or Marketplace will meet your needs and requirements, will be secure, will operate without interruption, will be error free or will be free from any mistakes, malware or other potentially damaging issues. Weight and size dimensions of artworks are approximate. No advice or information, be it oral or written, obtained by you from us or any of our affiliates, agents, partners, employees, successors, or assigns, will create any warranty not expressly stated in these Terms.
Our liability is limited, but we try to act with reasonable care and skill in delivering our services to users. You should not access or use any of Artivive’s services while driving, operating machinery or while engaging in any other hazardous activity not listed. You assume all risk associated with your access to and use of the website, Bridge CMS or Marketplace, including, but not limited to, the risk of traffic accidents or injury if used while driving. We are not liable for any damages including, though not exclusively, loss of data, third party conduct, inability to access services, copyright infringement or any other damage.
In no event will we be liable for any special, indirect, incidental, punitive or consequential damages (including without limitation, lost profits, business interruption and loss or inaccuracy of information) regardless of the form of action, even if the claim was reasonably foreseeable. Artivive will not be accountable for any alterations of digital material or any errors that can occur by using the product.
Additional terms and conditions may apply to purchases of goods or services, all of which terms are made a part of these Terms and Conditions by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.
These T&Cs and any agreement concluded between Artivive and the user as well as any dispute arising out of or in connection to this relationship shall be governed by Austrian law.
The user is solely responsible for the content uploaded to Artivive and it should not violate European, Austrian or any other applicable laws.
Privacy and Confidentiality
Confidential information will also include the website, Bridge CMS or Marketplace and any new product information or the results of any benchmark or similar tests on, conducted by you, or divulged by you to us. You shall treat as confidential all confidential information with at least the same degree of care you use to prevent unauthorized disclosure or use of your own confidential information, but in no event less than reasonable care.
Confidential information will not include any materials or information that you can prove:
We maintain the right to update or modify any of these Terms without prior notice to you, since our servers and services will be in constant development. Any changes could also result in short interruptions of our services. By continuing to use our website, Bridge CMS or Marketplace after the Terms and Conditions have been changed, you are deemed to accept the new Terms. It is recommended that you check every now and again for changes to these Terms yourself. Should there be any significant changes, we will notify you via email.
If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of the Terms, which shall remain valid and enforceable according to its terms. The failure of a party to insist on the performance of an obligation hereunder shall not be deemed to be a waiver of such obligation or of any other obligation. The parties acknowledge and agree that your material breach of these Terms adversely affecting our proprietary rights would cause irreparable harm to us, for which a remedy at law would be inadequate and that we shall be entitled to injunctive relief in addition to any remedies it may have hereunder or at law. Notices under these Terms and any comments, questions, or complaints regarding Artivive should be sent to:
To view the Terms and Conditions for the Artivive App, please click here.